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FCC Clarifies TCPA Liability Standard for Mass Texters

According to a recent Federal Communications Commission (“FCC”) order, text broadcasters do not share the same Telephone Consumer Protection Act (“TCPA”) liability standard as fax broadcasters for violating the FCC’s rule on unsolicited advertisements. The order clarifies that text broadcasters who send messages on behalf of third- party clients are subject to a “totality of the circumstances” test for purposes of determining liability. In contrast, a fax broadcaster is liable only if it “demonstrates a high degree of involvement in, or actual notice of, the unlawful activity and fails to take steps to prevent such facsimile transmissions.”

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